Agenda 03/08/2022 Item #16K 2 (Public Nuisance Legal Action)03/08/2022
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize and direct the County Attorney
to pursue any and all legal action necessary to abate the public nuisance located at the corner of
Santa Barbara and Davis Boulevard, including but not limited to filing a civil action in Circuit Court.
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OBJECTIVE: To end a long-standing public nuisance.
CONSIDERATIONS: This issue has its genesis from the stockpiling of concrete construction debris on
the property located adjacent to the Boys and Girls Club at the southeastern corner of the intersection of
Davis and Santa Barbara Boulevards. The matter was discussed during several Board meetings over the
last year, and despite multiple assurances by the agent of the property owner that the situation would be
promptly remedied, the issue remains. On November 23, 2021, the Board adopted Ordinance No. 2021-48
which was enacted to address the accumulation of construction and demolition debris in Collier County.
To give the property owner sufficient time to remedy the nuisance, Ordinance No. 2021 -48 was given an
effective date of March 16, 2022. To date, the property owner has not addressed the accumulation of
construction and demolition debris at the property in question.
FISCAL IMPACT: Nominal court filing fees; the matter will fully be handled by this Office.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorize and direct the County
Attorney to pursue any and all legal action necessary to abate the public nuisance located at the corner of
Santa Barbara and Davis Boulevard, including but not limited to filing a civil action in Circuit Court.
Prepared by: Jeffrey A. Klatzkow, County Attorney and Colleen A. Kerins, Assistant County Attorney
ATTACHMENT(S)
1. Backup - debris at Davis and Santa Barbara property (PDF)
16.K.2
Packet Pg. 1146
03/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 21511
Item Summary: Recommendation that the Board of County Commissioners authorize and direct
the County Attorney to pursue any and all legal action necessary to abate the public nuisance located at
the corner of Santa Barbara and Davis Boulevard, including but not limited to filing a civil action in
Circuit Court.
Meeting Date: 03/08/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
03/01/2022 3:55 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/01/2022 3:55 PM
Approved By:
Review:
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 03/02/2022 8:29 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/02/2022 8:31 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/02/2022 8:50 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/02/2022 10:06 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 03/02/2022 10:59 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM
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Packet Pg. 1147
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Packet Pg. 1148 Attachment: Backup - debris at Davis and Santa Barbara property (21511 : Request to authorize legal action regarding debris at corner of Davis Blvd. and Santa Barbara Blvd.)
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Packet Pg. 1149 Attachment: Backup - debris at Davis and Santa Barbara property (21511 : Request to authorize legal action regarding debris at corner of Davis Blvd. and Santa Barbara Blvd.)
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Packet Pg. 1150 Attachment: Backup - debris at Davis and Santa Barbara property (21511 :
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Packet Pg. 1151 Attachment: Backup - debris at Davis and Santa Barbara property (21511 :
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Packet Pg. 1152 Attachment: Backup - debris at Davis and Santa Barbara property (21511 :